Consumer rights are becoming more and more important to consumers. If the goods themselves “fall apart” or become non-functional, we have a receipt for them and we meet the right deadline for a complaint, then the complaints process is no problem for most of us. But what if we don’t have the receipt or the original packaging, or if the defect that has already been claimed appears again and again? These less common situations are the focus of our article.
We have repeatedly discussed the common complaint procedure in our texts. Let us therefore just repeat the basic principles, which we will continue to build on.
Legal liability for the quality of goods applies in the first six months after purchase, when the law operates with a presumption of defectiveness of the goods on receipt. However, it is still the case that if a defect appears within 24 months of purchase (or receipt of the goods), you have the right to make a claim, which must be settled by the seller.
You can make a claim at the seller’s premises or at an authorised service centre listed on the warranty card. The place of claim is determined by the identification number or business name on the receipt. In the case of a network of stores managed by one company, you can claim the goods at any of their stores. The only exceptions are franchises that use the same logo and brand name, but in most cases they are different business entities.
Tip: Find out what the time limits are for making a claim and how to make a successful claim.
The options for dealing with complaints may vary depending on the type of defect and when it occurs. However, the basic principles are as follows:
If the defect appears within 6 months after the purchase of the goods, the goods are deemed to have been defective from the start and you can claim a replacement for new goods.
However, in the case of a defect that can be repaired without undue delay, you do not have such a claim.
In a situation where neither replacement nor easy repair is possible, you can decide whether to withdraw from the contract or claim a discount.
If the same defect reappears after the repair or if you claim several different defects on one product, you are automatically entitled to either a replacement or a withdrawal and refund.
You must always indicate your preferred method of claim on the claim form.
A pre-suit notice written by a lawyer has not only a legal but also a significant psychological effect. In practice, the majority of consumer disputes will end thanks to it. We will assess your rejected claim, write a pre-action notice and send it to the seller within 3 days.
The seller must first decide whether to accept the complaint. At this stage, he does not yet assess the defects, but focuses on the general requirements for the possibility of exercising rights under defective performance. The seller usually decides whether to accept the claim immediately, but in more complex cases he has a deadline of 3 days. The complaint procedure must be settled by law within 30 days of the complaint being lodged. If the complaint procedure does not take place within the statutory time limit, the customer is entitled to a refund.
The seller can only reject the defect on the grounds specified by law:
The document confirming receipt of the claim is the claim report. When drawing up the complaint report, the exact description of the defect and the required method of handling the complaint are stated. The seller should give the customer a copy of the complaint report, which serves as proof of the claim. If the complaint report does not clearly state how the complaint is to be resolved, this may later lead to disputes between the customer and the seller.
During the complaint procedure, the seller may ask for a professional assessment of the defect, especially for technically complex products. If the complaint procedure is lengthy or the seller rejects the complaint without reason, you can contact a consumer organisation or a lawyer.
Tip: We have discussed in detail the unrecognized complaint, including the procedure for unrecognized complaints and the solution in cooperation with the CTIA or through the courts, in our article.
Our law firm is not only contacted by those who need to resolve contractual documentation or prepare a lawsuit, or write a criminal complaint, but often also by those who just need quick targeted advice in a situation they are not sure how to handle. These cases are often related to claims and consumer law, which is how we know what you are most concerned about.
For example, in our experience, it is more difficult to claim for a phone if the device is mechanically damaged, even if the fault is not related to this damage. Some retailers require that the phone be returned with all accessories when making a claim, even though this is not a legal requirement.
When claiming a TV, it’s important to check whether there is a common problem with the display, such as smaller bright spots (called faulty pixels). Claiming a TV can also be complicated by the fact that some shops require the original packaging, even though this is not compulsory. In some cases, it is more convenient to claim the TV through an authorised repairer who can assess the fault more objectively than the retailer.
Many customers put receipts in loose compartments of their wallets, in their diaries or, in worse cases, in their trouser pockets. The problem arises when something goes wrong with the item, they need to find the right receipt, but it is nowhere to be found.
Several times, clients in a similar situation have contacted us for advice, asking if they are entitled to a claim when they have lost their receipt. The answer is yes.
The absence of a proof of purchase or warranty certificate does not mean that the goods cannot be claimed. However, you should be able to prove in some other way that you purchased the goods from the trader on the day in question.
For example, you can make a claim without a receipt with a bank statement. If most of your transactions are cashless, you are half out of luck. All you have to do is look in your electronic accounting system and find the purchase. Or try to see if you can prove the purchase in some other way. In some cases, it was enough for the seller to say that it was an original item that only he offered. The retailers themselves often offer the option of claiming without a receipt as one of their competitive advantages. If the trader refuses to claim the goods without a receipt, you can contact the Czech Trade Inspection Authority.
Mr Tomáš contacted us to ask how long he has to “tolerate” the trader’s efforts to repair the product. He had already complained twice about the same defect in a wireless speaker, where the Bluetooth connection was dropping out. After the repair, the product always worked as it should for about 14 days, and then the situation repeated. Now the speaker has broken down for the third time and the customer has run out of patience. He would like his money back and planned to purchase a completely different product from a different brand.
In such a case, Mr Tomas is entitled to a refund, although it is not explicitly stated by law how many times the trader must allow him to do so after a complaint. However, the Civil Code states that if we cannot use the goods properly due to the recurrence of a defect after repair (or if the goods have a large number of defects), then we have the right to have a new item delivered without defects, to have parts of the item replaced, and to withdraw from the contract of sale. A third recurrence of a defect can undoubtedly be considered such a situation, as has been repeatedly held by the courts.
However, we recommended that Mr. Tomáš explicitly state and request this method of resolving the complaint in the complaint report, just to be sure.
In this context, the interpretation of the term ‘multiple defects’ may also be mentioned. We refer to it when there are at least three defects in the goods at the same time, each of which must prevent the proper use of the goods, or when there are four different remediable defects in the goods in succession.
Another relatively common, but unwelcome situation from the point of view of traders, is when we are going to claim, for example, a broken telephone, television or shoes, but we no longer have the original packaging of the product. Although manufacturers like to claim that they cannot accept goods without the original box, don’t let them discourage you and insist on your rights. You don’t want to claim the packaging, but the goods inside. The law does not require you to present the goods for claim in their original or intact packaging. Therefore, the seller cannot impose this obligation on you, which is not known to the law.
This fact has been repeatedly confirmed by the Czech Trade Inspection Authority, to which you can appeal during the complaints procedure.
The complaints process, which must take a maximum of 30 days, has clear rules, but in practice there are often less common situations that can cause problems for customers. Even without a receipt, a claim can be made if you provide proof of purchase in some other way, such as a bank statement. If the same defect occurs repeatedly or if there are multiple defects in one product, you may be entitled to a refund or replacement. The key to a successful claim is filling in the claim form correctly and knowing your rights as a consumer. If the seller rejects the claim unjustifiably, legal help, such as a pre-action notice, can be used.
We will stand up for you if someone violates your rights. We’ll complete a pre-suit notice and make sure you get back what’s owed to you. We will handle the matter quickly, flawlessly and professionally. You can only pay after the service has been provided.
Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
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